[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

[Burr, Becky]

Not surprised by your answer Malcolm, trying to understand Milton’s
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J. Beckwith Burr 
Neustar, Inc. / Deputy
General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
<http://www.neustar.biz>




On 1/18/16, 5:48 AM, "Malcolm Hutty" <malcolm at linx.net> wrote:

>
>On 18/01/2016 01:54, Burr, Becky wrote:
>> 
>> So if an applicant includes obligations in the application, it is ok for
>> ICANN to enforce those commitments?
>
>Not for purposes inconsistent with ICANN's Mission, no.
>
>It shouldn't be surprising that ICANN cannot escape the limits of its
>Bylaws simply by placing something inconsistent with them into a
>contract. If a Registry placed something in its application that would,
>if agreed, cause ICANN to act inconsistently with law that was
>applicable to ICANN, you wouldn't expect the contract to override
>applicable law. Nor should it override the governance of ICANN.
>
>> What¹s the principle - freedom of
>> contract? 
>
>No.
>
>The Registry's freedom of contract is not limited, subject to applicable
>law. But ICANN's is freedom of contract is additionally limited by the
>Bylaws.
>
>
>-- 
>            Malcolm Hutty | tel: +44 20 7645 3523
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